Advisory role of the Supreme Court of Canada - Patriation reference Essay

Advisory role of the Supreme Court of Canada - Patriation reference and Quebec Veto Reference - Essay Example of reference question under Section 53 of the Supreme Court Act was addressed under the ‘Reference re Secession of Quebec’, where the Supreme Court held the legality of the reference questions referred to the Supreme Court for an advisory opinion2. Thus, in consideration of both the Patriation reference and Quebec Veto Reference, this discussion seeks to argue for the application of the advisory mechanism of the Supreme Court of Canada, in the determination of important legal questions of national importance. While arguing for the application of the advisory mechanism of the Supreme Court, the discussion will first seek to demystify the assumption that there exists a correct and certain answer to any reference question that is raised through this mechanism. In doing so, the discussion will therefore find the application of the advisory mechanism of the Supreme Court of Canada, as provided under Section 53 as essential. The provisions of Section 53 of the Supreme Court Act allows for the government to seek an advisory opinion regarding questions deemed important for the nation, and which may have an important legal bearing on the country3. The ruling given by the Supreme Court during the answer to the reference question also takes the form of a judicial ruling. However, the most important aspect of the application of the mechanism of the advisory opinion as a means of determining a legal question is that, the decision offered is simply in form of an advice, as opposed to a legally binding decision of the court4. In this respect, the parties interested in the reference question can therefore take further legal courses of action, to determine the fate of the legal issue, since the parties are at liberty to agree or to disagree with the advisory opinion granted in the ruling5. Thus, considering that no party is bound by the decision issued during an advisory opinion ruling, it is therefore important that the advisory mechanism of the Supreme Court of Canada is